Throughout The Paper.: Attempt Any Five Questions
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qubrex1LL.B.
/ III Term
Paper LB-503- INDUSTRIAL LAW (Including IDRA)
Time 3 hours Maximum Marks : 100
(Write your Roll No. on the top immediately
on
receipt of this question paper )
NOTE: Answers may be written either in English or n
Hindi; but the same medium should be used
throughout the paper.
Attempt anyfive questions.
All questions carry equal marks.
1 . Explain the differences between the different wage
structures, minimum wages, fair wages and living,
living,
wages, bringing out the significance of each and the
factors to be taken care of while deciding each of
them, which has evolved through judicial decisons. Can
the employer revise the wage structure of his workman
to their prejudice?
P. T. O.
9076 2
20
2. An industrial dispute between X & Co. and its
workmen was referred to an Industrial Tribunal for
adjudication. The tribunal submitted its award to the
Government of India. Before the Government could
publish the award the parties to the said dispute
arrived at a settlement which was more favourable to
the workmen in comparison to the aforesaid award.
They immediately sent a copy of the settlement to the
Government with a request not to publish the award in
view of the settlement.
Advise the Government in the matter relating to the
publication of the award. What would be your advice if
the settlement had been arrived at immediately after
the publication of the award?
X& Co aT 34 5Hfarfiai a ata steifir%
RTd, 3t
9076
3
20
in
3. Discuss the nature of power of the government
making a reference under Section 10(1) of the
Industrial Dispute Act, 1947. Are the reasons given by
the government in refusing a reference justiciable?
Can a reference once made be withdrawn?
ateifre faa7 afstaR, 1947 avs 10(1) 7
20
A. On a complaint by the Branch Manager of a bank, the
.management of the bank suspended Mr. A, cashier in
the bank, on the ground of misappropriation of money.
Bank lodged a complaint with local police and also
appointcd ihe manager to conduct a domestic inquiry
against Mr. A. At the beginning of the domestic
inquiry, Mr. A requested the Enquiry Officer and also
the management to withhold the said proceedings tili
the disposal of the criminal case. As the request was
P. T. O.
A
9076
not to participate in the
not conceded, Mr. A decided
ex parte and Mr.
proceedings. The enquiry proceeded
A was found guilty of the charges framed against him.
dismissed Mr.
Relying on the report, the Management
dismissal of
A. A challenges his dismissal order. Is the
Mr. A valid? Also discuss the principles involved in
conducting fair domestic enquiry.
20
5. Discuss the power of Industrial Tribunal to give
of discharge dismissal of
appropriate relief in case or
workmen under Sccton 11-A of the Industrial Dispute
Act, 1947 with the help of decided cases.
9076
34fef4,
1947 a r s 11A 3ua a t f r 4 a
20
6. Discuss the employer's liability to pay compensation to
a workman under S.3 of the Employees' Compensation
Act, 1923. Also discuss with the help of decided cases
the notional extension of 'arising out of and in the
course of employment'.
5 4 fayfd afaffy4, 1923 T s 3 7et
fad ifu 20
7. (a) Discuss broadly the provisions of Section 33 of the
I.D. Act and support your answer with relevant
cases.
atefira faaTe 31ftY4, a E 33 qeTAT r
10
(b) Write a short note on Factories Act, 1948.
6ETH 3tTeA74, 1948 T feujt fafad 10
8. Attempt any lwo of the following:
P. T. O.
9076 6
(a) Conciliation under Industrial Disputes Act, 1947
(b) Payment of Gratuity Act, 1972
(c) Maternity Benefit Act, 1961
(d) Constitution and duties of works committees.
fam àf ifara fauyuit feafa
(a) 3tefi% f4aR afafa4, 1947 7s7 yAE
(b) ATTaye yTa 3ftf444, 1972
(c) HTga M7 HfaT44, 1961
10,10
2100